Could I successfully file a personal injury lawsuit if I hired a attorney?

My son was injured in our neighborhood by a speeding truck and was seriously injured. I have been advised by the doctors to speak with a lawyer. What do I need to prove to get compensation for damages and medical bills?

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Answered By: Dwyer, Black & Lyle, LLP

Without knowing more information it is difficult to say but, sounds like a good case. Your doctors are correct. You need an attorney. This is not something you can handle yourself. In the meantime, do not speak to the driver's insurance company (they are not your friend), make sure the no fault applications get filed and that your son gets the best treatment possible. Also, if the police weren't called, report the crash. Then go see a personal injury attorney as soon as you can. Good luck

Answer Applies to: New York
Replied: 10/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Andrew T. Velonis, P.C.

Find an attorney experienced in these matters in your area (this site only tells me that you are in New York State, not what part). As for medical bills, the truck owner's no-fault carrier will pay that. Compensation for pain and suffering, again, the truck owner's liability policy. Both are required under New York State law. Your lawyer can help you fill out and submit insurance forms, investigate issues such as vehicle ownership, available insurance, alternative sources if needed, obtaining medical records, negotiate with insurance companies, get settlement approval from the court (required) set up a trust fund, arrange for a structured settlement if appropriate and if necessary file a lawsuit. Having a lawyer will not guarantee success, but it will make success much more likely and less difficult. As to proof, you need to prove that it was that particular truck that hit your son and that the driver caused the accident by driving unsafely. Doctors will help you prove that the injuries were caused by this accident.

Answer Applies to: New York
Replied: 10/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Buttafuoco & Associates

You don't need to prove anything right now. You need to contact an attorney. An experienced attorney needs to work on your behalf and take on the insurance companies to ensure your son is taken care of. Put together all medical records, injury report, accident report, etc and contact an attorney right away.

Answer Applies to: New York
Replied: 10/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Rothstein Law PLLC

That the truck driver was negligent and that your son suffered "serious injury" as defined in the Insurance Law.

Answer Applies to: New York
Replied: 10/12/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.